This course will: (a) introduce students to statutory language; and (b) give students the opportunity to develop practical skills in the interpretation and application of statutory provisions. Various topics will be discussed, including:
1. Judicial approaches to statutory interpretation;
2. Interpretive Theory;
3. The nature of “legislative intent”;
4. Maxims and Rules of Interpretation, both common law and statutory;
5. Interpretive Presumptions;
6. Judicial notice;
7. Practical considerations in legislative drafting; and
7. Evidence of legislative intent.
The overall emphasis is on the language of the law and the practical application of statutory language and concepts.
Course or Seminar Category: Constitutional and Administrative Law
Taxation Law
This is a foundational course in the JD program. It focuses on the basic provisions of the Income Tax Act (ITA) and fundamental principles and policies. The ITA is the biggest statute in Canada, raising about 2/3 of total tax revenues to finance public spending programs that Canadians want and affecting every aspect of commercial and personal life of most Canadians. It embodies the balance of equity and efficiency and the give-and-take reached by Canadians through the democratic process over the past 100 years.
As part of the legal system governed by the rule of law, the ITA recognizes taxpayers’ right to minimize taxation and “speaks” as precisely as possible to specify who is taxable and for how much. This course is thus “perfect” for learning key legal skills – statutory interpretation, problem solving and policy analysis.
The course uses an “easy-to-read” textbook and supplement it with the ITA and landmark court decisions. Guest speakers will offer insights on key issues and practical application of the law. Students are expected to be attend classes in person and be part of the learning community.
Taxation Law
Taxation Law is the foundational course in tax. It is one of the highly recommended courses for
students at Osgoode. It is intended for students who find tax issues intriguing or want to develop a stronger understanding of tax. It is also for those who are interested in the many substantive areas of law which invariably intersect with tax.
The course is a survey of the federal income tax system, with a focus on the taxation of individuals. Students will learn about the general framework of the Income Tax Act, come to appreciate the underlying principles and policies of the system, and develop statutory interpretation skills that will serve them well in practice.
Students are expected to prepare for classes by completing the assigned readings and reflecting on them. The amount of readings for the course is modest. Attendance is required.
The main reading material for the course is Li, Magee and Wilkie, Principles of Canadian Income Tax Law (10th edition). Students will have access to an electronic copy of this book. They may also obtain a hard copy from the publisher (Thomson Reuters) or the York University Library.
Administrative Law
Administrative decision-makers are delegated authority by statute to implement legislative policy and deliver government services in a wide range of fields including public health and safety, immigration, labour relations, social benefits, securities regulation, business licensing and approvals, tenancies, professional regulation, communications and broadcasting and environmental protection, among others. For most people, interaction with the law is through one, or more, of these administrative decision-making bodies.
Administrative law is the study of the rules that regulate the decision-makers exercise of this delegated power, including rules about fairness, transparency, justification, independence and compliance with the constitution and the decision-makers own jurisdiction.
This course is an introductory overview of administrative law. The course will provide students with the necessary tools to engage meaningfully with the various statutory schemes and principles governing the administrative state, to think critically about the court’s role in reviewing administrative decisions, to question and compare the manner in which legislative policy is delivered by a variety of different administrative bodies and to reflect on what this communicates about the relative value the state places on different policies and services.
Administrative Law
This course is an introduction to the body of law that governs administrative and regulatory decision-making. The administration (or executive branch of government) implements legislative policy and delivers government services in fields such as public health and safety, immigration, labour relations, social benefits, securities regulation, business licensing and approvals, communications and broadcasting, and environmental protection. The administration also incorporates numerous ‘court like’ tribunals, such as labour arbitrators, landlord-tenant boards, immigration appeals tribunals, and human rights commissions, that adjudicate disputes and implement policy outside of the courts.
The course does not focus on any single substantive area of law or policy but rather on the role of the courts in reviewing administrative and tribunal decision-making. It examines judicial oversight of administrative decision-makers through doctrines of procedural fairness (how administrative decisions are made, the entitlement of individuals to participate in decision-making that affects them, and impartiality and independence of decision-makers) and substantive review (the degree to which courts will review the merits or outcomes of administrative decisions). The course also explores policy debates about the rules and principles in the field as well as theoretical themes arising from the relationship between the courts and other branches of the state. In these respects, the course examines foundational rules and principles that apply across many areas of practice and policy-making.
Students are expected to read the assigned materials each week, typically including excerpts from a textbook or from statutes as well as prominent cases, and to be prepared for class discussions. Problem-solving and analytical activities may also be used in class to allow students to assess and track their understanding of the subject as we proceed.
Labour & Employment Law
This course provides an introductory overview of labour and employment law in Ontario and beyond. Students will work to build a conceptual framework for understanding the legal regulatory regimes governing the individual contract of employment and collective bargaining. We will delve into the purposes and foundational assumptions of these regimes with a view to the scope and parameters of protection, and the veritable silences and deficiencies. Expect to be exposed to a range of critiques, from reformist to radical, and to gain appreciation for how labour and employment law shapes, and in turn is shaped by, the everyday lives and demands of ordinary working people.
The course is open to all and will provide a gateway into more advanced topics and courses in this and other fields. It is especially well-suited for students wanting to deepen appreciation for social justice.
Land Use Planning
This course will provide an overview of the law of land use planning and development law regime in Ontario, with an emphasis on the processes, approvals, negotiations and contractual arrangements involved in the development of land, with reference to the Planning Act.
Topics will include the provincial and municipal roles in land use planning and a close examination of the various land use planning instruments and processes, including official plans, zoning by-laws, draft plans of subdivision/consents to sever, site plan approval, building permits, etc. The course will also examine indirect land use controls such as development agreements, development charges and other fees, charges and levies. Students will be introduced to legislation that regulates the heritage protection of built form, and building and construction.
The role of the Ontario Land Tribunal (OLT) will be discussed, as well as local appeal bodies. Emphasis will be placed on the significant role that local government has with respect to land use planning. The course will accordingly combine aspects of municipal law with an understanding of the land development process.
Overall, the course will provide students with an understanding of the powers and rights available to citizens, stakeholders, landowners, governments, non-governmental organizations, and public sector agencies in shaping land use planning in Ontario.
As learning objectives, students should, by the end of the course:
• demonstrate a high degree of knowledge of the main principles and rules applicable to the land use planning regime in Ontario, with a particular focus on the Planning Act and related case law, and be able to apply these principles and rules to various fact situations in a relevant, precise and well-structured way;
• have an appreciation of other important Ontario statutes that impact the land use planning and development regime in Ontario, and be able to apply relevant portions of these statutes;
• be familiar with the basic functions and powers of municipalities in Ontario;
• understand the general role and the administrative procedures of the Ontario Land Tribunal (OLT) and the matters that it adjudicates;
• develop a critical perspective on the land use planning regime in Ontario, and be able to explain how certain policy objectives may be fulfilled or, alternatively, frustrated by aspects of the regime; and
• be able to critically evaluate and analyze formal decisions related to land use planning made by municipalities, the Province, the OLT and other approval authorities.
Public International Law
Public International Law is the system of law relating to inter-state relations, the functioning of international institutions, the relations of such bodies with each other, and their relations with States, individuals, groups and other entities. It seeks an understanding of certain rules of law relating to individuals and non-State entities. This course is intended as an introduction to the norms, rules and practices of international law that are recognized as being binding obligations on sovereign states in their mutual relationships.
Topics will be covered from among the following: sources of international law; subjects of international law (States and non-State actors; self-determination; individuals; international organizations); rights and duties of States; recognition of States and governments and legal effects thereof; state responsibility for international delinquencies; international law applying processes in domestic legal systems; state and diplomatic immunities from suit in foreign courts; the United Nations Charter and limitations on the use of force and international dispute settlement.
Refugee Law
Refugee protection is in a perpetual state of crisis, both domestically and abroad. Many refugee law practitioners and scholars argue that states are retrenching from their duty to provide refugees with the protection to which they are entitled under international law. At the same time, some government actors, media figures and civil society groups contend that existing refugee determination processes are excessively generous and are subject to widespread “abuse” by economically motivated migrants. Still others suggest that refugee protection regimes either distract from or help reinforce a deeper problematic: control over migration that serves to entrench global disparities in income, wealth and security.
This course offers students an opportunity to engage critically with these and other debates over refugee law at the level of theory, policy and practice. This critical engagement will occur through a collaborative examination of refugee law instruments, institutions and jurisprudence in international and domestic forums, with a heavy emphasis on Canada.
The course will be offered through lectures and class discussions. The course will also include several weeks of student-led teaching in the second half of the term. There will be two written assignments. The course requires consistent and active student participation throughout the term, including participation in evaluated group work. There is no final exam or final paper. The course, including all evaluated work, will be complete by December 1.
Note that the course will be offered in a hybrid remote/in-person format (hyflex). Students can attend classes either on campus or remotely via Zoom.
Criminal Procedure
This course will provide students with an overview of the Canadian criminal process. It will begin with an exploration of police investigative powers. The authority of Canadian police to detain, search/seize, question and arrest will all be considered in detail. Special attention will be given to the limitations imposed on each of these powers by the Canadian Charter of Rights and Freedoms. The exclusion of unconstitutionally obtained evidence under the Charter, as well as the availability of other constitutional remedies, will also be addressed. The course will then shift to a consideration of the criminal process after charges are formally brought, including intake procedures, bail, disclosure (the effects of non-disclosure and/or lost evidence), election and plea, preliminary inquiries, the right to trial within a reasonable time and plea-bargaining. The course will then focus on the trial, including trial venue, jury selection and trial procedure. This will be followed by an overview of the law of sentencing, and a brief consideration of appeals.